Case Note & Summary
The petitioner, M.Shanmugasundaram, filed a writ petition before the Madras High Court seeking a direction to respondents 4 and 5 (Assistant Engineer, Water Resources Department and Assistant Executive Engineer, Highways Department) to remove encroachments from certain survey numbers in Erode District. The petitioner had made a representation dated 02.12.2025 regarding the encroachments. The court noted that the Additional Government Pleader submitted that the Water Resources Department had sought assistance from Revenue Authorities for survey but the Tahsildar had not responded for four months. The court directed the respondents to conduct a survey, then initiate enforcement action if encroachments are identified, after affording opportunity to the encroachers. The entire exercise was to be completed within twelve weeks from receipt of the order. The writ petition was disposed of with no costs.
Headnote
A) Encroachment - Removal - Survey - Opportunity of Hearing - The court directed the respondents to conduct a survey to identify encroachments on water resources land and thereafter initiate enforcement action after affording opportunity to encroachers, to be completed within twelve weeks. (Paras 2-3)
Issue of Consideration
Whether the respondents should be directed to remove encroachments on government land based on the petitioner's representation.
Final Decision
The writ petition is disposed of directing the respondents to conduct survey, initiate enforcement action if encroachments are identified after affording opportunity to encroachers, to be completed within twelve weeks from receipt of the order. No costs.
Law Points
- Encroachment removal
- Survey
- Opportunity of hearing
- Time-bound compliance
